If you are not getting married in NSW (2024)

What the legal requirements are if you get married in an Australian state or territory other than NSW, or if you get married overseas.

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In Australia, marriages are registered in the state or territory in which they take place.

If you are not getting married in NSW, the legal requirements may be different. The specific requirements will depend on where you are getting married.

If you’re getting married interstate

You can find out more about the legal requirements from the registry in thestate or territory where you plan to get married:

You can also check the requirements with your marriage celebrant.

If you’re getting married overseas

Check the legal requirementswith the embassy or consulate of the country where you intend to get married.

You may need to prove that you are not currently married.Types of documentation can include a:

single status certificate issued by the NSW Registry of Births, Deaths & Marriages
certificate of no impediment to marriage issued by either the Department of Foreign Affairs and Trade, or from the Australian embassy or consulate in the country you're getting married
certificate showing a previous marriage has ended, including a divorce certificate or your spouse’s death certificate

Check in advance which type of documentation is required, as it can differ between countries.

In some situations, marriages of defence personnel can be solemnised overseas by a defence force chaplain or an authorised officer. These marriages need to be registered in Canberra by the Registrar of Overseas Marriages, ACT Registry of Births Deaths and Marriages.

Recognition of overseas marriages

Overseas marriages cannot be registered in Australia. However, the marriage will usually be legally recognised in Australia, if:

it’s legally recognised in the country you were married
it would be considered legal if the marriage had taken place in Australia

You’ll need to have:

registered your marriage in the country where it took place
have evidence of the marriage, such as a marriage certificate and any other supporting documents

If your marriage is not legally recognised in Australia

If your overseas marriage is not legally recognised in Australia, you'll generally need to:

provide a statutory declaration relating to the validity of the marriage
have a marriage ceremony in Australia, the same as if you were not already married

A celebrant will be able to guide you through this process and what documentation you’ll need to provide.

You may also consider getting legal advice.